Japan

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The provision in the Guidelines for domestic TV and radio provides that “tobacco will not be advertised, except in cases where it is possible to target only adults.” This is a minor restriction. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion on domestic TV and radio.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The provision in Guidelines for domestic newspapers and magazines provides that “adult readers will be primarily targeted.” This is a minor restriction. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion in domestic newspapers and magazines.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The provision in the Guidelines for domestic print media, such as pamphlets, leaflets, flyers, posters and signs, provides that “these shall be distributed only to adults, and not in highly public places.” This is a minor restriction. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion in domestic print media.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

Regarding TV and radio, the non-binding Guidelines provide that “Tobacco will not be advertised, except in cases where it is possible to target only adults.” It is uncertain whether this provision applies to cross-border TV and radio tobacco advertising and promotion. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given for both domestic and international TV and radio advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border TV and radio tobacco advertising and promotion, both flowing into and out of Japan.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

Regarding newspapers and magazines, the non-binding Guidelines provide that “Adult readers will be primarily targeted.” It is uncertain whether this provision applies to cross-border newspaper and magazine tobacco advertising and promotion. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given for both domestic and international newspaper and magazine advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all cross-border newspaper and magazine tobacco advertising and promotion, both flowing into and out of Japan.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The provision in the Guidelines for internet communications provides that “tobacco will not be advertised, except in cases where it is possible to target only adults.” This is a minor restriction. However, because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including tobacco advertising and promotion in internet communications.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The provision in the Guidelines for outdoor advertising provide that “Tobacco advertisements shall not be present in highly public places.” This is a minor restriction. However, because these Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including outdoor tobacco advertising in all places.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not specifically address point of sale advertising. However, regarding posters and signs, the Guidelines provide: “Tobacco advertisements shall not be present in highly public places.” Regarding, flyers, catalogs and pamphlets, the Guidelines provide: “These shall be distributed only to adults, and not in highly public places.” Although these provisions may apply to point of sale advertising and promotion, because these Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should all tobacco prohibit all tobacco advertising and promotion, including point of sale advertising and promotion.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address point of sale product display, and furthermore, are non-binding. Therefore, the regulatory status "Allowed" is given.

FCTC Art. 13 Guidelines para. 12 provides: display of tobacco products at points of sale in itself constitutes advertising and promotion. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including point of sale product display.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not specifically address tobacco advertising and promotion by conventional mail. However, regarding the distribution of flyers, catalogues and pamphlets, the Guidelines state: “These shall be distributed only to adults.” This provision may apply to tobacco advertising and promotion by conventional mail. However, because these Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by conventional mail.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address tobacco advertising and promotion by telephone and cellular, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by telephone and mobile phone.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address brand marking on physical structures, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including brand marking on physical structures.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines provide that free samples of tobacco products “shall be distributed only to adults, and not in highly public places.” Because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the distribution of free tobacco products.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines provide that “sales promotion” - which is interpreted to cover promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase - “shall be limited to adults.” Because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco product advertising and promotion, including promotional discounts, gifts, prizes, and rewards.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines provide that “sweepstakes campaign” - which is interpreted to cover competitions associated with tobacco products or brand names - “shall be limited to adults.” Because the Guidelines are non-binding, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including competitions associated with tobacco products or brand names.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address tobacco advertising and promotion by direct person to person targeting of individuals, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including direct person to person targeting of individuals.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address brand stretching, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including brand stretching.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address reverse brand stretching, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including reverse brand stretching.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address the production or sale of toys that resemble tobacco products, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the production and sale of toys that resemble tobacco products.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address the production or sale of candy that resembles tobacco products, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including the production and sale of candy that resembles tobacco products.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address retailer incentive programs, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including retailer incentive programs.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address paid placement of tobacco products in TV, film or other media, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including paid placement of tobacco products in TV, film or other media.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not address unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media, and furthermore, are non-binding. Therefore, the regulatory status “Allowed” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including unpaid depiction of tobacco use or tobacco products in TV, film, or other entertainment media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not specifically address financial or other support by the tobacco industry to events, activities, individuals, groups, or organizations. Further, the Guidelines are non-binding, therefore the regulatory status "Allowed" is given.

However, for such "sponsored events," the Guidelines provide that “contestants and all persons involved must be adults, and events, etc., must be intended mainly for adults.” In addition, such events shall not be broadcast, including internet broadcast, “except where it is technically possible to target only adults.”

Importantly, the Guidelines explicitly state that the Guidelines do not apply to “advertisements that advocate smoking prevention in minors, smoking etiquette, and corporate activities to discourage smoking.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, organizations, or governments.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

Financial or other support or sponsorship is not addressed by the Guidelines and is therefore allowed. Regarding publicity of sponsored events, the Guidelines provide that such events shall not be broadcast, including internet broadcast, “except where it is technically possible to target only adults.” Because the Guidelines are non-binding, the law is interpreted as allowing publicity of financial and other sponsorship (rather than restricting publicity of sponsorship). Therefore, the regulatory status “Allowed” is given.

Furthermore, the Guidelines explicitly state that the Guidelines do not apply to “advertisements that advocate smoking prevention in minors, smoking etiquette, and corporate activities to discourage smoking.”

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit financial or other sponsorship or support by the tobacco industry to events, activities, individuals, groups, organizations, or governments, and publicity thereof.

The law does not prohibit tobacco advertising, promotion or sponsorship (APS). Rather, restrictions on APS exist in Japan only by industry self-regulation pursuant to the Tobacco Business Act, which calls on advertisers to make "efforts that their advertising not be excessive," and non-binding guidelines issued pursuant thereto.

The Guidelines do not prohibit promotion by means that are false misleading, deceptive or likely to create an erroneous impression about the characteristics, health effects, hazard or emissions of tobacco products. The TBA Regulations require that where misleading terms such as “low tar”, “light”, “ultra light” or “mild” are used on tobacco product packaging, language must also be used “which clearly states that no comparisons are being made between” tobacco products “in terms of the ill effects on health resulting from use.” However, this provision does not restrict the use of misleading terms on packaging, but rather, merely requires qualifying language. Therefore, the regulatory status "Allowed" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotion by means that are false misleading, deceptive or likely to create an erroneous impression about the characteristics, health effects, hazard or emissions or tobacco products.